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Obama cites US v Marguet-Pillado. Dicta implies Obama eligible even if born in Kenya (vanity)
vanity | March 11, 2012 | Seizethecarp

Posted on 03/11/2012 9:23:03 AM PDT by Seizethecarp

In support of the opinion in US v Marguet-Pillado, 9th Cir. 2011, Judge Gwin, writing for the majority in his “III Analysis” dicta, states: “No one disputes that Marguet-Pillado’s requested instruction was ‘an accurate statement of the law,’ in that it correctly stated the two circumstances in which an individual born in 1968 is a natural-born United States citizen: (1) that the person was born in the United States or (2) born outside the United States to a biologically-related United States citizen parent who met certain residency requirements.” On March 1, Sheriff Arpaio’s Posse re-opened the possibility that Obama was born in Kenya by announcing that it had found probable cause to believe that Obama’s long form birth certificate was forged, newspaper birth announcements were unreliable, and that there was now no proof that Obama was born in the USA. A week earlier, with full knowledge of what the Arpaio Posse’s findings would be, “constitutional scholar” Obama’s legal team suddenly started citing the Marguet-Pillado case in multiple PA and GA ballot eligibility state appeals. The following language is included by Obama’s lawyers in the PA and GA MTD filings: “President Obama was a United States citizen from the moment of his birth inHawaii. Since he held citizenship from birth, all Constitutional qualifications have beenmet. Ankeny v. Governor of State of Indiana, 916 N.E.2d 678 (Ind. App., 2009); see,United States v. Marguet-Pillado , 648 F.3d 1001, 1006 (9thCir., 2011). There is no basis to question the President’s citizenship or qualifications to hold office.” www.ca9.uscourts.gov/datastore/opinions/2011/08/.../10-50041.pdf


TOPICS: Conspiracy; Government; Politics
KEYWORDS: arpaio; certifigate; corruptbastard; iwon; maybealittleblow; mymuslimfaith; naturalborncitizen; obama
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To: bgill

In fact, just the opposite is occurring. Have you seen the National Review ‘from the editors’ which slams Arpaio and repeats the White House talking points lies? it is disgusting, and reveals the ‘editors’ at that cesspool are as commie propaganda trained as any Pravada shills ever were. There is a link up at FR for the ‘editorial’ pack of lies repeated.


101 posted on 03/12/2012 10:05:18 AM PDT by MHGinTN (Being deceived can be cured.)
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To: Scythian

It’s really DISGUSTING that not one of our members of the House or the Senate have the balls or the personal integrity to lift a finger in defense of our Constitution or the Rule of Law.

GOP = Gutless Old Pussies


102 posted on 03/12/2012 10:44:26 AM PDT by Howie66 (I can see November (2012) from my house.)
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To: GregNH
“By now claiming you were born in Kenya after waving a forged HI BC around for four years is not going to make you eligible for anything but a pinned strip suit.”

Remember that Obama’s lawyer and Press Sec. refused to allow Obama to personally hold the alleged certified LFBC copy that had supposedly been flown in from HI. To me this betrays “consciousness of guilt” by those two regarding the need to create a legal barrier between Obama and the LFBC so that he can DENY that he knew it was forged, if necessary.

See this analysis by Doug Vogt in WND (with which I concur as a retired Certified Fraud Examiner):

http://www.wnd.com/2011/07/320133/

“Let me ask you a simple question,” Vogt writes, “let’s say you live in New York, and you were born in California and you want two copies of your Certificate of Live Birth, not because you need it for a passport application or any other legal reason, but just because you want to show it to some friends. So you pay your high priced lawyer to fly on a moment’s notice to California and back again with your Certificate. This whole process has cost you thousands. Are you going to want to see it and take possession of at least one of the Certificates? The obvious answer is YES. Next, read the answer given by Mr. Pfeiffer and Robert Bauer from the 8:48 a.m. news conference”:

Question: And this is going to sound …. I mean, you can just anticipate what people are going to …. remain unconvinced. They’re going to say that this is just a photocopy of a piece of paper, you could have typed anything in there. Will the actual certificate be on display or viewable at any …. (laughter.)

Will the president be holding it?

MR. PFEIFFER: He will not, and I will not leave it here for him to do so. But it will …. the State Department of Health in Hawaii will obviously attest that that is a …. what they have on file. As Bob said, it’s in a book in Hawaii.

MR. BAUER: And you’ll see the letter from the director of the Health Department that states that she oversaw the copy and is attesting to ….

“Plausible deniability refers to the denial of blame in loose and informal chains of command where upper leadership quarantine the blame to the lower management, and the lower management are often inaccessible, meaning confirming responsibility for the action is nearly impossible,” Vogt said. “In the case that illegal or otherwise disreputable and unpopular activities become public, high-ranking officials may deny any awareness of such act or any connection to the agents used to carry out such acts. This method was used in the Nixon administration during the Watergate scandal to protect the president – it did not work then.”

But it takes months of litigation to punch through each legal barrier that has been put up to protect Barry...which has been part of their legal contingency planning all along, IMO.

The BC that Barry said he had found in Dreams? Oh, gee, Bill Ayers made that up when he “helped” Barry write the book.

The LFBC was forged? Oh, gee, well-intentioned subordinates forged one with help from Barry's father's friend, Abercrombie who didn't want Barry's precious presidency to go down in flames, despite Barry's orders that only a legitimate HI BC should be obtained from HI where he “honestly” believed he was born because “that was what his mother told him.”

Stuff like that...

103 posted on 03/12/2012 11:17:37 AM PDT by Seizethecarp
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To: Seizethecarp

Elg wasn’t running for President, and didn’t committ widespread fraud to facilitate election to that office.

BHO2 has a lot to hide and has done so openly, obviously, even to the extent of sending much money to Kenya in order to have people killed (2006-2007) and all available Indonesian official documents and photos of himself and his family made to disappear.

There would be no need for he or the Democratic Party to have done any of that if there wasn’t anything to hide.

There is an old saying, “There is more than one way to skin a cat”, an expression referring actually to catfish but applicable to this situation. I expect the dam holding back information on BHO2 to continue cracking and eventually collapse before this forthcoming national election.


104 posted on 03/12/2012 11:20:43 AM PDT by SatinDoll (No Foreign Nationals as our President!)
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To: bgill
“If that hooha is his ace in the hole then why did has his good buddy McCaskill (McLame’s being vetted on SR 511) tried time and time and time again to change the Constitution on NBC and eligibility?”

That is old stuff that failed to persuade and would not protect Barry if he couldn't prove he was born in HI. If Barry and McCain's enablers had “amended” the constitution with a non-binding resolution, Barry wouldn't have needed plan B. But all of the previous attempts to legitimize Barry ware based on a declared HI birth.

The Marguet-Pillado language attempting to amend the constitution to make Barry eligible out of thin air was published on August 12, 2011, just six weeks after Jerome Corsi and Mara Zebest held their June 29, 2011 National Press Club Press conference showing that the LFBC was forged.

http://obamareleaseyourrecords.blogspot.com/2011/06/jerome-corsi-national-press-club-press.html

I smell a rat!

What Barry's team didn't anticipate was that the fool who forged the BC would fail to flatten the pdf file...creating the opening for Corsi and Zebest...and the desperation to find a fallback legal utterance somewhere in a federal court that would make Barry an NBC.

105 posted on 03/12/2012 11:37:40 AM PDT by Seizethecarp
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To: bitt
RE: "yowza ping!"
One of my old scout buddies emailed me today with a question paraphrased... am I into doing puzzles. Heheh. I should email him back the URL address to this FR Post. :)
106 posted on 03/12/2012 11:51:19 AM PDT by Marine_Uncle
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To: bgill; WhizCodger; LucyT

“And we still don’t know if he was born in the US, Canada or Kenya and to what parents since the BC he waved in front of the cameras is totally bogus and all other records are missing.”

Corsi has published numerous secret Kenyan government documents showing that Barry’s BC was stolen. Barry’s Mama Sara told the government that BHO Sr and SADO were in Kenya and she was there in Mombassa when Barry was born and she says that he was born in the same hospital of the Smith BC (forged or genuine).

Getting that evidence into court requres Kenyan Gov’t authentication which Barry has sufficient funds to suppress...except...

There is a recent high-level defector from Odinga’s staff in Kenya who has given Corsi an 800 page personal account of the goings-on in Kenya. Corsi revealed this one week before the March 1, Arpaio Posse presser and could be Corsi laying the groundwork for upcomings revelations from this man regarding Odinga and Barry’s relationship and Barry’s birth in Kenya. Just my guess.

Here is the Kenyan coverage of the story:

http://www.news-kenya.com/1209/2012/breaking-news-world/miguna-miguna-sends-raila-odinga-book-to-corsi/

“The book on Raila by Miguna Miguna is now with a US publisher called WorldNetDaily (WND) where political conservative Jerome Corsi is a senior writer. Mr Corsi is well known for his anti-Barack Obama views.

“The Daily Nation reports that Jerome Corsi had the “devastating” manuscript from Mr Miguna Miguna, which he claimed would threaten Mr Odinga’s presidential election prospects.”


107 posted on 03/12/2012 11:54:24 AM PDT by Seizethecarp
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To: kabar
It is not my intent to re-hash MvH or 511 here. I posted this thread to point out that IMO there is NO REASON to justify the citation of Marguet-Pillado by the Obama legal team other than to move the goalpost on the NBC definition to include any baby born anywhere who is “biologically-related” to a US citizen. No marriage or actual hands-on real-life parenting to pass American values to the little whelp are needed!

The motivation for this moving of NBC goal posts, IMO, is knowledge by the Obama legal team that Barry was born in circumstances very loosely analogous to those of Mexican-born Marguet-Pillado...but in Kenya! I can find no other legal explanation for the citation to Marguet-Pillado.

108 posted on 03/12/2012 12:07:31 PM PDT by Seizethecarp
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To: kabar; Danae; LucyT
“For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen, is required for physical presence in the United States or one of its outlying possessions to transmit U.S. citizenship to the child.)”

This sentence which you have highlighted no longer applies to SADO and Obama for the new Obama legal team narrative revealed by their citation of Marguet-Pillado (M-P).

The M-P citation claims to confer NBC status anywhere outside the US for babies who are biologically related to a US citizen subject to residency requirements. Would the Obama legal team cite to a case which would make Obama ineligible to be a citizen, as he would be ineligible if BHO Sr. and SADO had a legal marriage? SADO would fail the five year residence test after age 14.

So, therefore, the Obama legal team is now not only giving up the pretense of an HI birth, but also the pretense of a legal marriage to BHO Sr. in order for Barry to be a citizen under the single mom language:

“A person born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 309(c) of the INA if the mother was a U.S. citizen at the time of the person’s birth and if the mother was physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the person’s birth.”

As I have previously opined in FR comments, the Boston Globe reporter's book “The Other Barack” (Boston Globe is a NY Times property) threw BHO Sr. under the bus as a drunken, wife-beating bigamist. FOIA INS docs obtained by the author and others reveal BHO Sr. was deported for suspected bigamy.

I don't believe for a minute that the NY Times/Boston Globe publishing arm would eviscerate Barry's family narrative without the express permission of Barry himself and the DNC.

After the revelation of the forgery in June of 2011 the romantic account of the BHO Sr.-SADO narrative had to be sacrificed to save Barry and the only out with the Kenyan revelations coming is what I have written about and what Danae called IIRC “The Bastard Gambit.”

Since the term “bastard” now applies to over half of the babies born to US citizen moms under the age of 30, let's just call it the Out-of-wedlock Gambit or OOWG.

The OOWG tries to solve two problems for Barry.

First, if Barry's mom was single because of bigamy, then the 1948 BNA expressly prevents BHO Sr. from passing to Barry his UK citizenship, so NO dual citizenship for Barry at birth.

Second, if Barry's mom is single and gave birth outside the US, then SADO meets the residency requirement to pass US citizenship at birth to Barry...and then that can be spun to equate citizen at birth to mean natural born citizen by Barry's unscrupulous lawyers.

Amazing how that works!

109 posted on 03/12/2012 12:58:38 PM PDT by Seizethecarp
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To: bgill
“As if it wouldn't also destroy the GOP for allowing it to happen and covering it up?”

If I am right and citation of Marguet-Pillado signals a new defense of Barry as NBC even if it is proved that he was born in Kenya, then the GOP is off the hook on the non-jus soli birth cover-up by Barry and the LFBC fraud and forgery, which Barry will try to blame on “well-intentioned” subordinates or supporters...who will go under the bus to save Barry from criminal indictment by Arpaio or whoever gets that indictment.

None of that can be blamed on the GOP because their failure to question the lack of jus sanguinus from BHO Sr. and claimed dual US-UK citizenship at birth will be off the table.

110 posted on 03/12/2012 1:05:34 PM PDT by Seizethecarp
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To: Seizethecarp

Well, not to put too find a point on this, Natural Born Citizenship CANNOT be conferred at any time other than the instant of Birth. It CANNOT be retro-activated. Even if this piece of trash survives SCOTUS, it would not apply to Obama. This case happened LONG after he was born.


111 posted on 03/12/2012 1:36:37 PM PDT by Danae (Anail nathrach, ortha bhais is beatha, do cheal deanaimh)
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To: bgill
“There has been no evidence that George Romney ever took the proper follow up actions. That was part of the problem back in ‘64 when he was a POTUS candidate.”

IIRC, under the 1907 statute in force at the time George Romney repatriated at age 7, he did not need to reaffirm his US citizenship or get naturalized to remain a citizen. If he had not returned to the US until after turning age 18, I believe that he would have had to do so.

The questions about George Romney were about whether a person such as McCain who was born off of US soil jurisdiction could be NBC, not whether either of them were citizens.

If the wildly expansionist Marguet-Pillado standard were to be applied the both George Romney and John McCain would be NBC. (not!)

112 posted on 03/12/2012 2:18:36 PM PDT by Seizethecarp
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To: Seizethecarp
numerous secret Kenyan government documents showing that Barry’s BC was stolen. Barry’s Mama Sara told the government that BHO Sr and SADO were in Kenya and she was there in Mombassa when Barry was born

Also, the Kenyan Parliament show how thrilled they are that a man born in Kenya would become the POTUS.

113 posted on 03/12/2012 2:31:02 PM PDT by bgill (Romney & Obama are both ineligible. A non-NBC GOP prez shuts down all ?s on Obama's admin)
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To: Danae
“Even if this piece of trash survives SCOTUS, it would not apply to Obama. This case happened LONG after he was born.”

Here is what the 9th Circuit fools said:

“No one disputes that Marguet-Pillado’s requested instruction was ‘an accurate statement of the law,’ in that it correctly stated the two circumstances in which an individual born in 1968 is a natural-born United States citizen: (1) that the person was born in the United States or (2) born outside the United States to a biologically-related United States citizen parent who met certain residency requirements.”

While the Marguet-Pillado reversal and remand was published in August 2011, M-P was born in 1968 under the same law as Obama, IIUC. So the M-P court majority is claiming that “no one disputes” that if M-P was born in Mexico in 1968 to a Mexican mom and a US citizen sperm donor he would have been NBC at birth. The court is not applying a new standard retroactively but claiming that their ludicrous interpretation was disputed by “no one” at least as far back as 1968. The Obama legal team has taken that statement a leap beyond to claim that is provides POTUS eligibility for Barry's birth back in 1961...wherever that might have occurred.

114 posted on 03/12/2012 2:44:50 PM PDT by Seizethecarp
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To: Seizethecarp
I was not trying to rehash MvH, but rather, to point out that Olson and Tribe, two constitutional scholars who have both been mentioned as possible SCOTUS nominees, hold that natural born citizenship can be obtained separately through either jus sanguinis or jus solis. Since the issue has never really been tested in the courts and we have examples of Vice Presidents and now President who appear to have been found eligible to be on the ballot, a precedent has been set.

The issue of what constitutes "natural born citizen" needs to be resolved ASAP since we have 300,000 to 400,000 anchor babies born each year to illegal aliens and we also have millions of Americans living and working abroad either thru the government or the private sector. Today one in 8 residents of this country is foreign born and by 2050 the number will be one in five residents.

I suspect that the Marguet-Pillado citation may be just another distraction to get folks all upset about the BC issue and ignore Obama's record and policies. The WH website offers T-Shirts and mugs for sale making fun of the BC issue.

I am as upset as anyone about this issue. Fraud has been committed, but I don't know if it is the issue we should be concentrating on in the runup to the election.

115 posted on 03/12/2012 4:32:17 PM PDT by kabar
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To: Seizethecarp

Well, they can say that monkeys fly out of Santa’s butt, but that doesn’t make it true.

No one can retroactive Citizenship status when it comes to Natural Born. It is a description of the CIRCUMSTANCES of one’s birth. It is the same, literally as, “this child was born with dark skin, brown eyes and brown hair”. “This child was born in the United States to two parents who are United States Citizens.”

People forget that Natural Born Citizen status is a CONDITION of birth.

SCOTUS law when it is handed down is the law of the land until such time as it is over-ruled and is then no longer the law of the land. IT doesn’t matter how long ago that law was written, it is still the law of the land.

Minor v. Happersett is still the law of the land and dictates it takes being born IN the country or its territory to two parents who are its citizens. The 9th circus can swing its ape arms all it likes, it still cannot over-rule SCOTUS. Minor trumps M-P.


116 posted on 03/12/2012 4:34:45 PM PDT by Danae (Anail nathrach, ortha bhais is beatha, do cheal deanaimh)
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To: kabar

When fraud is committed by one of us lesser peons, we go to jail, have to post bail, get indited, face pretrial hearings, and then go to trial and either are acquitted, or found guilty and go to jail.

Barack Obama is no better than we are and should face precisely the same process any one of us citizens do. Obama is NOT above the law. Unless we let him get away with it that is. I have no plans to let him get away with it.


117 posted on 03/12/2012 4:38:15 PM PDT by Danae (Anail nathrach, ortha bhais is beatha, do cheal deanaimh)
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To: Danae

I am not suggesting that we let him get away with it. Regardless of whether he gets reelected or not, the push for the truth should continue. IMO it should be low profile during the runup to the election. It could be a distraction. We need to make this election a referendum on Obama and his policies.


118 posted on 03/12/2012 4:42:27 PM PDT by kabar
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To: kabar

I disagree, I believe any candidate under criminal investigation should be discussed, and LOUDLY/ I feel it is a perfectly relevant factor in deciding whether or not they should be running, and whether or not I would vote for him. In this case I wouldn’t vote for him if he were the last person on earth.

Fraud is a no joke crime. People go to jail for fraud. People under investigation for Fraud who are refusing to cooperate with the investigation should not be running for public office, or at the very best the voters deserve to have as much information about it as possible in order to make a cogent decision.

But that’s just me. And we all know how I am ...LOL

Ok, back to chemistry homework for me! (cracks whip)


119 posted on 03/12/2012 4:46:49 PM PDT by Danae (Anail nathrach, ortha bhais is beatha, do cheal deanaimh)
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To: E. Pluribus Unum
The issue is that his alleged "father" Barack Obama Sr. was not a US citizen, which means that Ann Dunham's son Steve is not a natural born citizen, which means he is ineligible.

"Steve"?

Why is that so difficult for so many folks to understand?

120 posted on 03/12/2012 4:48:23 PM PDT by Churchillspirit
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